Born Somewhere Else: What Nationality Is a Baby Born Abroad?

Imagine a couple from Britain heading overseas for a two-week holiday. Nothing unusual — until the baby decides to arrive several weeks early.

The child is born in a foreign hospital, given a local birth certificate and begins life thousands of miles from the country where its parents live.

So what nationality is the baby?

The obvious answer might be: the nationality of the country where it was born.

But nationality is considerably more complicated than that.

Your birthplace doesn't necessarily determine your nationality

There are two broad principles that countries use when deciding citizenship.

The first is known as jus soli, Latin for “right of the soil”. Under this principle, being born within a country's territory can give a person citizenship.

The second is jus sanguinis, or “right of blood”. Under this system, citizenship is primarily inherited from a person's parents.

Different countries use different combinations of these principles.

That means a baby's nationality can depend on both where it is born and who its parents are.

What happens to a British baby born abroad?

Consider two British parents who are on holiday in another European country when their baby is born.

The baby does not automatically become a citizen of that country simply because it was born there.

Instead, British nationality law can allow British citizenship to be passed from a parent to a child born overseas, subject to the relevant conditions.

This means that a child born abroad can be British even though they have never actually lived in Britain.

And the country where the child is born may have its own nationality rules. Depending on those rules, the child could potentially acquire two nationalities.

The United States is a very different example

The United States has traditionally operated a much stronger form of birthright citizenship.

In general, a child born on US soil is considered a US citizen, regardless of whether its parents are merely visiting the country.

There are exceptions, most notably involving children of certain foreign diplomats.

This produces an interesting situation.

A British couple visiting the United States could potentially have a child who is British through its parents and American through its birthplace, depending on the applicable laws.

The child could therefore have claims to two citizenships from the moment of birth.

But it isn't always that simple

Countries don't all follow the same rules. Some grant citizenship automatically to almost anyone born within their territory.

Others impose conditions — such as requiring a parent to be a citizen, permanent resident or otherwise legally established in the country.

Some countries don't normally grant citizenship merely because a child happens to be born there.

There can also be special provisions for children who would otherwise be stateless.

Consequently, saying “the baby was born in France, therefore it is French” or “the baby was born in Britain, therefore it is British” can be an oversimplification.

What about a baby born on an aeroplane?

Things become even more interesting when the child isn't born in a conventional location. Imagine a pregnant passenger goes into labour while travelling on an international flight.

Which country does the baby belong to?

The answer isn't simply the country the aircraft happens to be flying over.

Aircraft have a nationality based on their registration, and international law contains rules concerning births aboard aircraft. However, the parents' nationalities and the countries involved can still be crucial.

The same general principle applies to ships.

A birth at sea doesn't necessarily produce a straightforward “nationality of the ocean” — because, rather inconveniently, there is no such nationality.

What if the parents are different nationalities?

This is where things can become particularly complicated. Suppose the mother is British and the father is Australian, while the couple are temporarily visiting Italy.

Their child could potentially have a claim to British citizenship through the mother, Australian citizenship through the father, and potentially Italian nationality depending on Italian law.

That doesn't necessarily mean the child will hold three passports automatically. Nationality, citizenship and possession of a passport aren't quite the same thing.

A person can be entitled to a nationality without having yet obtained a passport documenting it.

Why does nationality matter?

Nationality isn't merely a label on a form. Citizenship can determine whether someone has the right to live and work in a country, whether they can enter without a visa, whether they can vote when they reach the appropriate age, and whether they can access certain government services.

It can also affect the child's future children.

Some countries allow citizenship to be transmitted through several generations born overseas. Others place restrictions on passing nationality to children born outside the country.

This means the circumstances of one seemingly ordinary holiday birth can potentially have consequences decades later.

Could a child have no nationality?

Unfortunately, yes.

Although countries have mechanisms intended to prevent statelessness, conflicts between nationality laws can sometimes leave children without an effective nationality.

For example, if one country does not automatically grant citizenship based on birthplace and another country's law does not allow the parents to transmit citizenship in the particular circumstances, a child can potentially fall between the systems.

International law therefore contains protections concerning statelessness and the right to acquire a nationality. But nationality law remains complicated, and individual cases can require specialist legal advice.

The strange reality of nationality

We tend to think of nationality as something obvious. You're British because you're British. You're French because you're French. You're American because you're American.

But nationality is actually a legal relationship between an individual and a state. And the circumstances of your birth can create some surprisingly complicated combinations.

A baby can be born thousands of miles from its parents' home, inherit one nationality from its mother, another from its father, potentially acquire another through its birthplace — and in some circumstances hold several citizenships simultaneously.

So the next time someone says: “You're whatever nationality you are where you're born.”

The answer is: not necessarily.

Your birthplace is only one piece of the puzzle.

Sometimes the more important question isn't “Where were you born?” It's: “Who were your parents — and what does the law say?”